Susanna Riva The legal proceedings surrounding the so-called October 17 Movement have taken a new step forward with the decision of preliminary investigations judge Tiziana Landoni not to confirm the arrest of Youssef Siher . The man, detained after a police operation in the Lombardy capital, was released despite a request for pre-trial detention made by the Milan Prosecutor's Office.
The dispute between the prosecution and the defense focuses on elements published online and the interpretation of public messages: the preliminary investigations judge's ruling analyzes the content posted on the channels attributed to the movement and justifies the decision with assessments of the language and requests expressed.
Reasons of the investigating judge and evaluation of the contents
In the order, Judge Landoni maintains that, in the posts and press releases examined, Siher never envisaged violent actions.
The preliminary investigations judge's reconstruction emphasizes that very harsh remarks directed at the State and the government, despite their vulgar tone, fall within the scope of political criticism: these expressions, according to the decision, do not contain concrete references to crimes or operational instructions that could induce others to commit unlawful acts. Among the phrases cited in the ruling are contemptuous definitions of the State and declarations of war on the "infamous present," which are deemed generic and not directed against the institutions in operational terms.
The line between harsh language and incitement
The preliminary investigations judge's ruling highlights the difference between the use of harsh tones and the feasibility of the crime: while the Prosecutor's Office complains of a plan to exploit the mobilization to disorient people in the square, the judge believes there are no specific references to violent measures or methods that constitute incitement to crime. This assessment blocked the validation of the arrest and the application of immediate precautionary measures.
The accusations of the Prosecutor's Office and the evidence collected
The Milan Public Prosecutor's Office, led by prosecutor Francesca Crupi and prosecutor Marcello Viola , had requested prison terms, arguing that the movement born on social media could be transformed into an organizational tool aimed at gathering people in the streets and encouraging unrest. The charges included aggravated incitement to crime with the aim of terrorism and violent participation in demonstrations: charges that emerged after the riots and disturbances of October 17 and 18, 2026, which sparked public debate.
Investigators, including the Italian Special Operations Division (DIGOS ), have reconstructed a digital network that reached significant numbers in just a few days: over 48 followers on Instagram and nearly 9.500 subscribers on Telegram . These data have been cited to support the hypothesis that the channels could drive a nationwide mobilization, and the Prosecutor's Office has highlighted messages and documents shared between administrators and users as evidence useful to the investigation.
Technical blocks and postal police activities
During their investigations, the postal police identified pre-planned messages intended to coordinate meetings in various cities and blocked some of them. According to the indictment, these messages were intended to update the meeting points for the demonstrations scheduled for Saturday, October 24 , but their delivery was prevented by the intervention of the investigative authorities.
Public reactions and political reaction
Siher's release immediately sparked political backlash: Prime Minister Giorgia Meloni called the investigating judge's decision "a shameful one" and spoke of an "unbearable humiliation of the work of law enforcement," words that rekindled debate over the authorities' repressive and preventive strategy. On the defense side, the suspect's lawyers reiterated that "there are no crimes" and that the charges do not hold up against the available evidence.
The validation hearing took place in San Vittore Prison , where Siher had exercised his right to remain silent. The investigations requested by the Prosecutor's Office and the investigations into any external connections remain open: the outcome of the preliminary phase will determine whether the charges will be upheld at trial or not.
The case highlights the complex balance between freedom of expression, digital tools for social gathering, and the authorities' need to prevent forms of collective violence. The investigating judge's decision, reiterating that vulgar posts fall within the scope of criticism of the state and the government , represents a key step in defining the boundaries between political protest and a criminal offense.